Newark Man Convicted of 1988 Murder Wins a New Trial

Published: July 3, 1992

TRENTON, July 2—
A Newark man convicted of murder won a new trial today because his constitutional rights were violated when two young witnesses testified via closed-circuit television, a state appeals court ruled.

The appellate panel said a 1974 state law that specifies when videotaped testimony can be used does not include being a witness to a murder.

The testimony therefore violated Louis Nutter's constitutional right to confront witnesses against him.

"The Legislature clearly identified those cases in which a defendant's right to confrontation would give way to the need to protect child victims," the court said.

"If the Legislature had intended to include within the statute's protection all cases involving potential trauma to child witnesses, it could have done so." 'He Stabbed Her'

Mr. Nutter, who is 32 years old, was convicted in May 1989 of murder and weapons charges for stabbing to death Angela Gaines, his common-law wife, in April 1988. The couple shared a Newark apartment with three children, whose ages were 9, 5 and 6 weeks.

The oldest daughter, Lateefah, testified that she saw Mr. Nutter push Miss Gaines to the floor and take two knives from a holder in the kitchen. A "couple of seconds" after she saw him grab the knives, she said she heard her younger sister, Aja, scream that "he stabbed her." Aja testified that she saw Mr. Nutter stab Miss Gaines once in the stomach.

Mr. Nutter hid the body in a closet for several days. When Miss Gaines's mother threatened to call the police he went to the authorities and reported finding the body. He later told a Newark police detective: "I want to get this off my conscience. I killed my wife."

A jury convicted Mr. Nutter of murder and two weapons charges. He was sentenced to 40 years in prison, with 30 years' parole ineligibility, and five years on the weapons count.

He appealed on several grounds, but the court only addressed the use of closed-circuit television in its decision.

State law permits testimony via closed-circuit television in prosecutions for sex crimes or child abuse, and if the court agrees that a witness 16 or younger would suffer "severe emotional or mental distress" if forced to testify in open court.

Judge Betty J. Lester of Superior Court agreed with a child psychology expert that the girls would suffer emotionally and mentally if they faced Mr. Nutter.

Judge Lester allowed them to testify on closed-circuit television in her chambers in the presence of both lawyers. The testimony was simultaneously transmitted to the jury and Mr. Nutter.

Craig V. Zwillman, the assistant attorney general on the case, said a decision on whether to appeal had not been made. But he said the cases "seems to open the door" for the Legislature to try to broaden the existing law.